Fitch v. State

LEIGH M. CLARK, Retired Circuit Judge.

Upon a trial for murder in the first degree, defendant was convicted of murder in the second degree. The jury fixed his punishment at thirty-five years imprisonment, and he was sentenced accordingly.

The undisputed evidence shows that about 7:30 P.M. September 14,1976, at Harbin’s Grocery in Maysville, Madison County, Alabama, defendant killed the alleged victim, Lloyd Holder, by shooting him with a pistol. One bullet entered the victim’s chest and two bullets entered his back. Defendant was in his truck at the time and the victim was standing near the…